[RPPTL LandTen] Searching for case - Residential Eviction

[Cary Sabol]

I have agree to with Harry on this one.  L/T statutes are strickly construed (against the landlords at least), so as far as I know there is no substitute for certified mail of a security deposit notice.  As far as charging the tenant for the certified mail, I also don't believe that is appropriate since it's an obligation imposed upon the landlord by statute and is not something that was caused by the tenant.

Cary 
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416 
Phone: (561) 281-2744 

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________________________________
 From: "Heist, Weisse & Wolk" <harry at evict.com>
To: 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org> 
Sent: Monday, September 17, 2012 2:47 PM
Subject: Re: [RPPTL LandTen] Searching for case - Residential Eviction
  

I don’t have any cases but I have always seen a  strict construction of the statute.  I even tell my clients to send it out by certified mail even if the parties come to an agreement upon move out.
 
Some of my client's want to charge the former tenants for the certified mail as it is over $5 now.  I advise against it.
 
Your thoughts?
 
Harry
 
LAW OFFICES OF 
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
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Website:  http://www.evict.com/ 
Email: harry at evict.com
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From:landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Antonio L Martinez
Sent: Monday, September 17, 2012 1:28 PM
To: landten at lists.flabarrpptl.org
Subject: [RPPTL LandTen] Searching for case - Residential Eviction
 
Greetings group!
 
Does anyone have a case that states that notice of intent to claim deposit is still effective if received by tenant although not mailed certified mail-return receipt requested?  Tenant received the letter via email and US mail. Responded and argued via writing with Landlord for over a month.  Now Tenant has sued to get deposit back claiming notice was not proper.  
 
Thanks,
Tony

 
Antonio L. Martinez, Esq.
Law Offices of Antonio L Martinez P.A.
9100 South Dadeland Blvd, Suite 1500
Miami, Florida 33156
Email: tony at martinezlawfl.com
Main: 305-777-3523
Direct: 305-796-8699 
Skype: martinez_antonio
 
CONFIDENTIALITY NOTICE: This communication and any accompanying document(s) are confidential and privileged, pursuant to the American Bar Association Formal Opinion No. 99-413, dated March 10, 1999. They are intended for the sole use of the addressee. If you receive this transmission in error, you are advised that any disclosure, copying, distribution, or the taking of any action in reliance upon the communication is strictly prohibited. Moreover, any such inadvertent disclosure shall not compromise or be a waiver of any applicable privilege as to this communication or otherwise. If you have received this communication in error, please contact the sender at tony at martinezlawfl.com or by telephone at (305) 796-8699. Thank you.
 
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